Construction Law

Signs It’s Time to Consult a Construction Litigation Attorney featured image

Signs It’s Time to Consult a Construction Litigation Attorney

No one ever wants to involve a lawyer in a project, especially a construction project. Taking legal action against an owner can lead to delays, frustrations throughout a project, and the end of the professional relationship. However, there are times where it is clear that legal action is needed. Don’t be caught in a situation without the proper representation to protect your interests. Here are the signs it is time to consult a Nashville construction litigation attorney.

Related: How Construction Conflicts Lead to Litigation 

Strange Contract Clauses

Every project starts with a contract, and the clauses in that contract can have a big impact on how the project ends. If you see a clause in your contract that you don’t understand, it’s time to consult a Nashville construction attorney for assistance. Signing a contract with clauses or language that you don’t understand can lead to major problems. The same is true for clauses that shift liability in a strange way. You want to make sure that you won’t be held responsible for issues in the project that you are not responsible for. 

Disputes That Cannot Be Resolved

Disputes are not uncommon in construction projects, but taking legal action to resolve them is. Most construction companies want to avoid legal problems and are willing to compromise. However, there are disputes that cannot be resolved so easily. If you are involved in one of these disputes, then you may want to retain a Nashville construction litigation attorney to help you prepare for a possible legal fight. Your lawyer may be able to help resolve the dispute without taking drastic legal action as well. 

Related: 4 Options to Try Before Pursuing a Construction Litigation

Licensing and Permits

Having the proper paperwork for a job is one of the most important things that you can do to avoid problems. Not having the proper permit could have your job shut down or end up with you paying a hefty fine. The process for acquiring permits can be convoluted depending on what you are trying to build. If you are unsure of what permits or licenses that you need, ask a lawyer for assistance. He or she will review the legal codes for the job and ensure that you have what you need. 


If a worker is injured on a job site, having a lawyer can affect the outcome. Many workers are covered by insurance, but the contractor can still be sued if the insurance doesn’t cover enough for the worker’s expenses. It is also not uncommon for contractors to try to limit their liability for worksite injuries since it can affect the profitability of a project. It is even more likely that the contractor will be sued if there are safety violations and similar problems. 

Hiring a lawyer before you need one can help you through the legal process and handle liability cases that could result in major payouts. Injuries are often an ongoing concern on construction sites. Even with every safety feature in place, it is still possible for workers to be seriously injured. The legal framework of contracts and other provisions will affect the outcome of injury cases. 

OSHA Violations

OSHA violations are relatively common and can hold up work until they are dealt with. If you are facing delays in work because of violations and getting abatements certified, you could benefit from legal representation. There are processes that need to be followed and having a lawyer guide you through them can smooth out many of the problems that you could face. 


Defects in construction projects can stop a project entirely until they are addressed. This could impact your work and lead to contract disputes over liability. Many defects are not found until they cause a problem that hurts someone, so there is a good chance that you may be held responsible for someone’s injuries too. There could be thousands of dollars in costs and fees if you are held responsible, and you will likely be involved in a lengthy court battle.

If there is a chance that you may be held responsible for a construction or design defect, retain a lawyer as soon as possible. You don’t want to be held responsible for a defect that could cost you thousands of dollars in contract violations and other potential legal issues. Have a lawyer review your contract and fight to protect you. 


One of the biggest problems that you can face on a construction site is a lien being placed on the project. Under bad circumstances, a lien can shut down a project permanently depending on the laws of that state. They often result from disputes over the quality of the work that was completed. If a subcontractor feels that the work was done right, but the contractor disagrees, it will likely lead to a dispute that could become a lawsuit. Consult a lawyer if it looks like that there is a chance that this could happen. You want to avoid a lien lawsuit if at all possible, and having a Nashville construction arbitration lawyer can help resolve the problem early or fight for your interests in court. 

Legal issues on a construction project can lead to substantial problems going forward. Fortunately, construction lawyers offer the support that you need to resolve issues and help you deal with any legal issues that come up. If you have questions about legal issues surrounding a construction project, contact a Nashville construction attorney from Cotney Attorneys & Consultants.

If you would like to speak with a Nashville construction attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.